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Presentation, discussion, and possible action regarding a Material Amendment to the Housing Tax Credit Application for Uvalde Villas (HTC #21039/22813/23909)
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RECOMMENDED ACTION
recommendation
WHEREAS, Uvalde Villas (the Development) received a 9% Housing Tax Credit (HTC) award in 2021, a Force Majeure reallocation of tax credits and a Multifamily Direct Loan HOME award in 2022, and supplemental credits in 2023 to construct 102 units, of which 96 are designated as low-income units, of multifamily housing in McAllen, Hidalgo County;
WHEREAS, TGO Uvalde 21, LP (Development Owner or Owner) requests approval to decrease the size of the Development site from 7.39 acres to 6.96 acres, due to a dedication for right-of-way required by the City of McAllen, which resulted in a 6.27% increase in residential density from 13.797 units per acre to 14.661 units per acre;
WHEREAS, Board approval is required for a modification of the residential density of at least 5% as directed in Tex. Gov’t Code §2306.6712(d)(6) and 10 TAC §10.405(a)(4)(F), and the Owner has complied with the amendment requirements therein; and
WHEREAS, the requested change does not materially alter the Development in a negative manner, and would not have adversely affected the selection of the Application;
NOW, therefore, it is hereby
RESOLVED, that the requested material amendment of the Application for Uvalde Villas is approved as presented at this meeting, and the Executive Director and his designees are each authorized, directed, and empowered to take all necessary action to effectuate the Board’s determination.
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BACKGROUND
Uvalde Villas (HTC/HOME #21039/22813/23909) received a 9% Housing Tax Credit (HTC) award in 2021, a Force Majeure reallocation of tax credits and a Multifamily Direct Loan HOME award in 2022, and supplemental credits in 2023 to construct 102 units, of which 96 are designated as low-income units, of multifamily housing in McAllen, Hidalgo County. Construction of the Development has been completed, and the cost certification documentation is currently under review by the Department.
The Owner has reported that a greater than 5% change in residential density occurred from the representation at initial Application to the time of the Cost Certification, and in a letter dated August 22, 2025, Lora Myrick, the representative for the Development Owner, requested approval to modify the total acreage to represent the actual size of the Development site after dedication for right-of-way along Uvalde Avenue.
At the time of application, the original Development site was identified as 7.393 acres, but at cost certification, the as-built ALTA survey dated July 14, 2025, identified an acreage of 6.967, after dedication of 30 feet for right-of-way along the south of Uvalde Avenue. As a result, the residential density increased 6.27%, from 13.797 units per acre to 14.661 units per acre, requiring approval by the Board under Tex. Gov’t Code §2306.6712(d)(6) and 10 TAC §10.405(a)(4)(F).
The Owner has stated that inclusion of the dedicated area of Uvalde Avenue and its associated right-of-way as part of the Development site area at Application was an error. It was not until the as-built survey was reviewed that this discrepancy was identified.
The requested amendment does not materially alter the Development in a negative manner and would not have affected the selection of the Development for the HTC or HOME award.
Staff recommends approval of the requested material amendment to the Application, and if approved, the HOME Contract, HOME and LIHTC Land Use Restriction Agreements and HOME loan documents will be amended to reflect the acreage as corrected.